How do you prove that sustainability measures are impossible?

By Renewable Partners B.V. · Published and updated:

For an appeal to an exception ground, such as a rejecting VvE decision on common areas, a well-built file is essential: a tailored advice report substantiating the necessary measure, the VvE minutes with the voting outcome, and correspondence showing that you actually tried to put sustainability measures on the agenda.

RentalPoints advisers discussing a property assessment

Which documents make a file complete

A tailored advice report or sustainability study shows which measure is necessary to reach label D and why that measure affects common areas of the building. This forms the technical substantiation of your appeal to an exception.

In addition, the minutes of the VvE meeting are indispensable: these must clearly state which proposal was submitted, how the vote went and with what outcome the proposal was rejected. Without this formal record, an appeal to the exception is difficult to substantiate to the municipality.

    Additional substantiation for other exception grounds

    For other exception grounds, such as monument status or a possible temporary rental situation, different supporting documents apply: think of the monument registration with the Cultural Heritage Agency (Rijksdienst voor het Cultureel Erfgoed) or the municipality, or documentation of a demolition or transformation decision respectively.

    Keep all these documents structured per property, so that in the event of a notice from the municipality you can respond quickly and completely within the set deadline, rather than having to reconstruct documents under time pressure.

    • Tailored advice report demonstrating the necessity of the measure affecting common areas.
    • VvE minutes with proposal, voting ratio and outcome.
    • Evidence of repeated attempts to put the item on the agenda, if applicable.
    • Monument registration or demolition/transformation documentation for other exception grounds.

    Official sources

    General information, not individual legal or financial advice. Proposed legislation and subsidy conditions can change. Check the source and have your property, contract and improvement plan assessed.

    An evidence-based property file

    Request an on-site assessment or advice. From 5 properties, you can request a free Portfolio Scan.

    Further reading

      More tools